Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CASES IN ENFORCEMENT and BANKRUPTCY LAW | - | Spring Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE |
| Assistant(s) | Research Assistant M. Ceren Erdem- Research Assistant Esma Hande Boztosun Bozkurt |
| Aim | In this course, each of the cases in enforcement and bankruptcy law will be examined in detail. In addition to giving theoretical information on the trial procedure in these cases, it is aimed to make evaluations about each type of case within the framework of doctrinal judicial decisions. |
| Course Content | This course contains; Legal Nature of Lawsuits in General,Connections of Cases in Execution Law with Substantive Law,Negative Declaratory Action,Cancellation of Objection Action,Cancellation of Auction,Debt Relief Action,Bankruptcy Case,Restitution Case,Action of Replenishment in Attachment,Action for Cancellation of Disposition,Registration Acceptance Case,Cases Filed Within the Scope of Evacuation of Leased Real Estate Without Judgment,Bankruptcy Certification Judgment,Concordat Certification Judgment. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Discusses the legal characteristics of the cases in enforcement and bankruptcy law. | 10, 14, 16, 19, 9 | A |
| Investigates the current judicial decisions regarding the cases in enforcement and bankruptcy law. | 10, 14, 16, 19, 9 | A |
| Recognise the current debates about the cases regulated in the law of execution and bankruptcy. | 10, 14, 16, 19, 9 | A |
| Examines the legislative changes regarding the cases in the law of execution and bankruptcy. | 14, 16, 19, 9 | A |
| Explains the trial procedures of cases in enforcement and bankruptcy law. | 10, 16, 19, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Legal Nature of Lawsuits in General | The student reads the chapter "Legal Nature of Lawsuits in General" from the reference books. |
| 2 | Connections of Cases in Execution Law with Substantive Law | The student reads the chapter "Connections of Cases in Execution Law with Substantive Law" from the reference books. |
| 3 | Negative Declaratory Action | The student reads the chapter "Negative Declaratory Action" from the reference books. |
| 4 | Cancellation of Objection Action | The student reads the chapter "Cancellation of Objection Action" from the reference books. |
| 5 | Cancellation of Auction | The student reads the chapter "Cancellation of Auction" from the reference books. |
| 6 | Debt Relief Action | The student reads the chapter "Debt Relief Action" from the reference books. |
| 7 | Bankruptcy Case | The student reads the chapter "Bankruptcy Case" from the reference books. |
| 8 | Restitution Case | The student reads the chapter "Restitution Case" from the reference books. |
| 9 | Action of Replenishment in Attachment | The student reads the chapter "Action of Replenishment in Attachment" from the reference books. |
| 10 | Action for Cancellation of Disposition | The student reads the chapter "Action for Cancellation of Disposition" from the reference books. |
| 11 | Registration Acceptance Case | The student reads the chapter "Registration Acceptance Case" from the reference books. |
| 12 | Cases Filed Within the Scope of Evacuation of Leased Real Estate Without Judgment | The student reads the chapter "Cases Filed Within the Scope of Evacuation of Leased Real Estate Without Judgment" from the reference books. |
| 13 | Bankruptcy Certification Judgment | The student reads the chapter "Bankruptcy Certification Judgment" from the reference books. |
| 14 | Concordat Certification Judgment | The student reads the chapter "Concordat Certification Judgment" from the reference books. |
| Resources |
| Baki Kuru, İcra ve İflas Hukuku El Kitabı, 2013, Saim Üstündağ, İcra Hukukunun Esasları, 2004, Saim Üstündağ., Saim Üstündağ, İflas Hukuku, 2009, Baki Kuru, İcra ve İflas Hukukunda Menfi Tesbit ve İstirdat Davası, 2003. |
| Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi (Current Edition), Kiraz, Taylan Özgür, İcra Mahkemesinde İtirazın Kaldırılması (Current Edition). |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the private law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 80 | 80 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 80 | 80 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 242 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(242/30) | 8 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CASES IN ENFORCEMENT and BANKRUPTCY LAW | - | Spring Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Elective |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE |
| Assistant(s) | Research Assistant M. Ceren Erdem- Research Assistant Esma Hande Boztosun Bozkurt |
| Aim | In this course, each of the cases in enforcement and bankruptcy law will be examined in detail. In addition to giving theoretical information on the trial procedure in these cases, it is aimed to make evaluations about each type of case within the framework of doctrinal judicial decisions. |
| Course Content | This course contains; Legal Nature of Lawsuits in General,Connections of Cases in Execution Law with Substantive Law,Negative Declaratory Action,Cancellation of Objection Action,Cancellation of Auction,Debt Relief Action,Bankruptcy Case,Restitution Case,Action of Replenishment in Attachment,Action for Cancellation of Disposition,Registration Acceptance Case,Cases Filed Within the Scope of Evacuation of Leased Real Estate Without Judgment,Bankruptcy Certification Judgment,Concordat Certification Judgment. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Discusses the legal characteristics of the cases in enforcement and bankruptcy law. | 10, 14, 16, 19, 9 | A |
| Investigates the current judicial decisions regarding the cases in enforcement and bankruptcy law. | 10, 14, 16, 19, 9 | A |
| Recognise the current debates about the cases regulated in the law of execution and bankruptcy. | 10, 14, 16, 19, 9 | A |
| Examines the legislative changes regarding the cases in the law of execution and bankruptcy. | 14, 16, 19, 9 | A |
| Explains the trial procedures of cases in enforcement and bankruptcy law. | 10, 16, 19, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Legal Nature of Lawsuits in General | The student reads the chapter "Legal Nature of Lawsuits in General" from the reference books. |
| 2 | Connections of Cases in Execution Law with Substantive Law | The student reads the chapter "Connections of Cases in Execution Law with Substantive Law" from the reference books. |
| 3 | Negative Declaratory Action | The student reads the chapter "Negative Declaratory Action" from the reference books. |
| 4 | Cancellation of Objection Action | The student reads the chapter "Cancellation of Objection Action" from the reference books. |
| 5 | Cancellation of Auction | The student reads the chapter "Cancellation of Auction" from the reference books. |
| 6 | Debt Relief Action | The student reads the chapter "Debt Relief Action" from the reference books. |
| 7 | Bankruptcy Case | The student reads the chapter "Bankruptcy Case" from the reference books. |
| 8 | Restitution Case | The student reads the chapter "Restitution Case" from the reference books. |
| 9 | Action of Replenishment in Attachment | The student reads the chapter "Action of Replenishment in Attachment" from the reference books. |
| 10 | Action for Cancellation of Disposition | The student reads the chapter "Action for Cancellation of Disposition" from the reference books. |
| 11 | Registration Acceptance Case | The student reads the chapter "Registration Acceptance Case" from the reference books. |
| 12 | Cases Filed Within the Scope of Evacuation of Leased Real Estate Without Judgment | The student reads the chapter "Cases Filed Within the Scope of Evacuation of Leased Real Estate Without Judgment" from the reference books. |
| 13 | Bankruptcy Certification Judgment | The student reads the chapter "Bankruptcy Certification Judgment" from the reference books. |
| 14 | Concordat Certification Judgment | The student reads the chapter "Concordat Certification Judgment" from the reference books. |
| Resources |
| Baki Kuru, İcra ve İflas Hukuku El Kitabı, 2013, Saim Üstündağ, İcra Hukukunun Esasları, 2004, Saim Üstündağ., Saim Üstündağ, İflas Hukuku, 2009, Baki Kuru, İcra ve İflas Hukukunda Menfi Tesbit ve İstirdat Davası, 2003. |
| Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi (Current Edition), Kiraz, Taylan Özgür, İcra Mahkemesinde İtirazın Kaldırılması (Current Edition). |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the private law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |